DOL Increases Hourly Minimum Wage to $17.20 for Federal Contractors Starting January 1, 2024

Posted by National Alliance for Fair Contracting on

JD Supra
October 4, 2023

Beginning on January 1, 2024, Executive Order 14026 (Order) will raise the minimum wage for workers performing work on or in connection with covered contracts to from $16.20 to $17.20 per hour, a second year of a significant adjustment to the minimum wage for service and construction workers doing work on federal projects. Government contractors in the service and construction sectors should evaluate how the minimum wage increase will affect their operations and pricing strategies when bidding on new government contracts.

The Evolution of Federal Contract Minimum Wage

This Order builds upon the foundation laid by Executive Order 13658, which initially established a minimum wage of $10.10 per hour for federal contract workers in 2014. Since then, the minimum wage has seen incremental increases. In 2021, the Biden administration issued Executive Order 14026, adjusting the wage upward to $15.00 per hour with annual adjustments issued by the Department of Labor (DOL) each calendar year, and which automatically become effective on January 1.

Who Is Affected by Executive Order 14026?

The Order broadly affects federal contracts and subcontracts and applies to:

  1. contracts subject to the Davis-Bacon Act (DBA), governing wage rates on federal construction projects and
  2. contracts covered by the Service Contract Act (SCA), which regulates service contracts.

Compliance and Enforcement

  1. The DOL is responsible for enforcing compliance with the Order. Contractors found to be in violation may face penalties, including the withholding of contract funds.
  2. Contractors are required to maintain comprehensive records of employees’ wages, hours worked, and other relevant data related to covered contracts, facilitating the enforcement of the order.
  3. Federal Acquisition Regulation (FAR) 52.222-55, Minimum Wages for Contractors Under Executive Order 14026 (distinguished from the former FAR provision with the same number but a different name) should have been modified into applicable contracts or subcontracts that were solicited, renewed, or extended after January 31, 2022.
  4. From the effective date of the modification that incorporated the new provision through December 31, 2022, the applicable minimum wage was $15.00 per hour.
  5. Effective January 1, 2023, the minimum wage became $16.20 per hour. The DOL may issue increases to the minimum wage that will be effective each year on January 1.
  6. At this point, a contract for services or construction should contain the new FAR clause. If it does not, the obligation to pay the higher minimum wage does not apply. However, to avoid possible investigations by the DOL and disgruntled employees, we recommend bringing the issue to the attention of the contracting officer or prime contractor immediately and retroactively applying the wage requirements.
  7. You may request a price adjustment for the actual difference in wages and fringe benefits you have to pay as a result of a change, and you should do so within thirty (30) days of the change in wage rate.
  8. This requirement applies to non-exempt workers on contracts subject to the DBA and SCA, as well as any non-exempt employee working in connection with a covered contract.

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Rolling back laws that set minimum wages for construction workers meant pay shrunk, jobs got more dangerous, and workers had to rely more on public assistance

Posted by National Alliance for Fair Contracting on

BUSINESS INSIDER | Juliana Kaplan – Jan 16, 2023

  • A new study looks at the impact of rolling back prevailing wage laws on wages and workers.
  • Prevailing wage laws set pay standards for government contract workers, particularly construction workers.
  • Rolling back the laws led to lower wage growth, and increased worker fatalities.

It turns out that getting rid of some minimum wage controls left workers earning less, being less productive, relying more on public assistance, and even facing a higher risk of dying on the job.

That’s according to a new study from the Illinois Economic Policy Institute (ILEPI) and Project for Middle Class Renewal (PMCR) at the University of Illinois at Urbana-Champaign. Researchers Frank Manzo, Robert Bruno, and Larissa Petrucci examine the impact of repealing prevailing wage laws — laws that essentially set minimum wages for construction workers on government contracts.

With the bipartisan infrastructure bill pouring billions of dollars into construction projects across the nation, the findings show that contractors in states that have repealed prevailing wage laws may face problems staffing up. Historically, prevailing wage laws have helped plug labor shortages, and contractors could have trouble competing with higher-paying competitors across the country.

Indiana, West Virginia, Kentucky, Arkansas, Wisconsin, and Michigan all repealed their prevailing wage laws between 2015 and 2018. Using data from the US Census Bureau and Department of Labor, the researchers looked at how construction workers fared as those laws were rolled back.

Those states saw their wages for construction workers drop. In Indiana, West Virginia, and Kentucky — the three states that fully repealed prevailing wage laws — average construction hourly wages were $23.94 before the laws were rolled back. By 2017, the average hourly wage was $23.77. Meanwhile, states with the laws in place saw wages grow by 12.2% in the same period.

“What prevailing wage does, it kind of standardizes and stabilizes the industry of a local market,” Petrucci said. “When you repeal that, what you have is contractors who are able to undercut wages and pay workers far below the training that they have developed to get these kinds of jobs. Naturally, you’re gonna see wages decrease.”

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The Deadline is Here for Federal Contractors to Start Paying at least $15 an Hour

Posted by National Alliance for Fair Contracting on

January 31, 2022
Courtney Buble

This comes as a “record number” of states and localities are increasing their minimum wages in 2022.

President Biden’s $15 hourly minimum wage for employees of federal contractors officially took effect on Sunday.

Biden announced this initiative shortly after taking office in January 2021, then followed up with an executive order in April. The final regulation, which was issued in November, will be indexed for inflation. It also eliminates the tipped minimum wage for federal contractors by 2024, ensures workers with disabilities don’t earn a sub-minimum wage and protects outfitters and guides working on federal lands, reversing a policy from the Trump administration.

“The $15 minimum wage required by Executive Order 14026 applies only to contracts entered into, renewed or extended (pursuant to an exercised option or otherwise) on or after Jan. 30, 2022,” Labor Department spokesperson Edwin Nieves told Government Executive on Thursday. “Despite recent litigation, the DOL is proceeding with the implementation of [the executive order].”

Government Executive reported on one legal challenge in December. The U.S. District Court for the District of Colorado denied the plaintiff’s request for a preliminary injunction on the rule on Jan. 24 and they appealed that decision last Wednesday.

“Contracting agencies will need to take appropriate implementing steps to ensure that covered contracts comply with the executive order’s requirements by, for example, incorporating the relevant contract clause into covered contracts,” Nieves continued.

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XPO reaches $5.5M misclassification settlement (CA)

Posted by National Alliance for Fair Contracting on

AUTHOR: Matt Leonard
PUBLISHED: Aug. 22, 2019

Dive Brief:

  • XPO Logistics has reached a settlement with 3,772 plaintiffs in a case accusing the company of breaking California labor laws by requiring the plaintiffs to work off-the-clock without pay, failing to pay overtime and other allegations, according to a motion for settlement approval filed this past Friday by the plaintiffs.
  • The $5.5 million settlement will result in an average payout of $935.18 for each plaintiff, 1,981 drivers and 1,791 helpers, according to court documents filed in the U.S. District Court of the Northern District of California court this week.
  • The plaintiffs have requested the settlement be given preliminary approval and for the court to set a date for the final approval hearing. A proposed schedule filed by the plaintiffs lists Sept. 4 as the potential date for the preliminary approval hearing.

Dive Insight:

XPO will sometimes contract with other carriers to provide last-mile delivery services. The plaintiffs in this case were drivers and helpers for these contract carriers who allege XPO is the lawful employer in these situations because it had “extensive and pervasive control over the drivers’ and helpers’ workday,” according to the settlement documents.

The original complaint outlines various California labor laws the plaintiffs accused XPO of not abiding including unpaid overtime, not paying minimum wage, depriving contract workers of meal and rest periods, and failing to pay wages in a timely manner.

…

The plaintiff, who accepted the settlement on behalf of the class, was willing to settle because he “recognizes the risk that the Court may determine Plaintiff and the putative class were not employees of XPO,” the settlement documents read.

XPO argues that even if it was considered an employer it would be a co-employer with the contract carriers.

…

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Congress has never let the federal minimum wage erode for this long

Posted by National Alliance for Fair Contracting on

After the longest period in history without an increase, the federal minimum wage today is worth 17% less than 10 years ago – and 31% less than in 1968.

Economic Snapshot
By David Cooper * June 17, 2019

June 16th marks the longest period in history without an increase in the federal minimum wage. The last time Congress passed an increase was in May 2007, when it legislated that the minimum wage be raised to $7.25 per hour on July 24, 2009. Since the minimum wage was first established in 1938, Congress has never let it go unchanged for so long.

When the minimum wage remains unchanged for any length of time, inflation erodes its buying power. As shown in the graphic, when the minimum wage was last raised to $7.25 in July 2009, it had a purchasing power equivalent to $8.70 in today’s dollars. Over the last 10 years, as the minimum wage has remained at $7.25, its purchasing power has declined by 17 percent. For a full-time, year-round minimum wage worker, this represents a loss of over $3,000 in annual earnings. Moreover, since its historical peak in February 1968, the federal minimum wage has lost 31 percent in purchasing power-meaning that full-time, year-round minimum wage workers today have annual earnings worth $6,800 less than what their counterparts earned five decades ago.

A simple way to fix this problem once and for all would be to adopt automatic annual minimum wage adjustment (or “indexing”), as 18 states and the District of Columbia have done. The Raise the Wage Act of 2019 would raise the federal minimum wage to $15 by 2024-boosting wages for nearly 40 million U.S. workers-and establish automatic annual justment of the federal minimum wage. Automatic annual adjustment would ensure that the paychecks of the country’s lowest-paid workers are never again left to erode.

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Polis Signs Local Minimum Wage Control Into Law (CO)

Posted by National Alliance for Fair Contracting on

BY BENTE BIRKELAND
MAY 29, 2019

Cities and counties in Colorado will be able to set their local minimum wage higher than the statewide rate thanks to a new law Gov. Jared Polis signed Wednesday.

The statewide minimum wage will rise to $12 an hour in 2020. Supporters of the new law say Colorado’s minimum wage should serve as a floor, not a ceiling.

“When it comes to local wages, who better to know what people are actually struggling with and what the need is for the community than actually those that are on the front lines,” said Eva Henry, a county commissioner in Adams County.

Henry adds her county hasn’t yet discussed whether or not to increase the minimum wage.

The new law does limit the number of local governments that could increase their minimum wages, to no more than 10 percent of Colorado’s local jurisdictions. It also stipulates the wage floor can’t increase by more than 15 percent each year and allows local communities to work together to come up with regional minimum wages. Opponents worry about the patchwork of wages and its effect on businesses and overall administrative costs.

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New Jersey Workers, Advocates Celebrate Passage of Landmark Anti-Wage Theft Legislation (NJ)

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New Jersey Workers, Advocates Celebrate Passage of Landmark
Anti-Wage Theft Legislation

A2903/S1790 Catapults New Jersey to One of the Strongest Wage and Hour laws in the Country in Advance of the July 1st Minimum Wage Hike

INSIDER NJ
June 27, 2019, 4:15 pm

(Trenton, NJ) June 27, 2019: Today, both houses of the New Jersey State legislature passed a landmark anti-wage theft bill (A-2903 / S-1790), sending the legislation to Governor Phil Murphy’s desk. When signed into law, New Jersey’s wage and hour protections will be among the strongest in the country, just in time for the state’s minimum wage hike this July 1st.

The legislation enhances enforcement of state wage and hour laws, ensuring that workers are paid according to the law. Under the legislation, employers that violate wage and hour laws by not paying minimum wage, overtime or failing to pay for hours worked could liable for treble damages and fines. The bill also extends the statute of limitations from two to six years, strengthens joint employer liability where firms use subcontractors, and strengthens anti-retaliation provisions to protect employees who speak out against wage and hour violations.

“For low wage workers, like myself, passing the anti-wage theft bill has been just as important as increasing the minimum wage, because it means workers will actually receive the pay we have rightfully earned. Unscrupulous employers will no longer be rewarded by our laws for not paying workers. On behalf of Make the Road New Jersey, I would like to express our gratitude to Assemblywoman Quijano and Senator Weinberg for their years of commitment to ensuring the anti-wage theft bill becomes law” said Roberto Sanchez, a member of Make the Road New Jersey, a community-based immigrant and workers rights organization based in Elizabeth and Passaic.

“After years of advocacy, we are thrilled that New Jersey will have one of the strongest anti-wage theft law in the nation to protect workers against wage theft while creating a level playing field for employers that do right by their workers,” said Reynalda Cruz, a leader of New Labor, a workers’ center in based in Newark, New Brunswick, and Lakewood.

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Wage Theft Is a Real National Emergency

Posted by National Alliance for Fair Contracting on

Michael Felsen and M. Patricia Smith
March 5, 2019

As President Trump scrambles to convince us that not having a wall is suddenly a “national emergency,” progressive lawmakers and advocates have pointed out that the most dire emergencies facing the U.S. are the imaginary and real crises manufactured by Trump himself.

One case in point is wage theft, or more specifically, the endemic cheating of workers in low-wage industries out of their pay. This ubiquitous, under-the-radar problem has only gotten worse in response to the Trump administration’s harsh immigration policies and talking points crafted in response to problems that do not exist.

It’s no secret that traditionally low-wage industries in the United States-including agriculture, construction, manufacturing, and service industries-have long relied heavily on immigrants, many of whom lack immigration status or work authorization. In November 2018, the Pew Research Center reported that in 2016, there were 10.7 million undocumented workers in the U.S., of whom 7.8 million (or 4.8 percent of the labor force) were working or looking for work. And the vast majority (two-thirds) of undocumented adults had lived in the U.S. for more than a decade. 

Meanwhile, immigrant workers pay billions of dollars in taxes. California State Controller Betty Yee estimates that immigrants without work authorization contributed more than $180 billion to that state’s economy in 2017 alone. Federal and state laws that are designed to provide workers with basic protections-like the right to a minimum wage, overtime pay, and a safe and healthy workplace-apply to all workers in the United States, regardless of immigration status, and they have a right to complain to the government when their employer is violating those laws. Employers are also prohibited from threatening, intimidating, or in any other way retaliating against any worker because they’ve asserted their rights under the law.  

These laws are intended to protect all workers from exploitation, and to eliminate employer incentives to hire-and underpay-workers who lack status over those who have it. Notwithstanding these legal protections, violations are rampant. According to a May 2017 report from the Economic Policy Institute, 2.4 million workers in the ten largest states lose $8 billion annually to minimum wage violations alone. Extrapolating nationwide, this suggests that workers are losing more than $15 billion per year, without even including overtime violations. 

Other studies clearly show that workers who lack immigration status are disproportionately affected. For example, the landmark 2009 study “Broken Laws, Unprotected Workers” found that 37 percent of undocumented immigrant workers surveyed were victims of minimum wage violations in the prior week, compared with 24 percent for immigrants with work authorization and 16 percent for U.S.-born workers.  

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Maryland just became the sixth state to raise the minimum wage to $15 an hour (MD)

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Democrats in Maryland just overrode the governor’s veto of the $15 minimum wage bill.

By Alexia Fernández Campbell
Mar 28, 2019, 2:20pm EDT

Maryland just became the sixth state to raise the minimum wage to $15 an hour.

On Thursday, lawmakers managed to override Republican Gov. Larry Hogan’s veto of a minimum wage bill. Maryland’s current minimum wage is $10.10, and the new policy willgradually raise the wage floor to $15 by 2025.

Hogan had blocked the bill earlier this week, claiming that such a change would “devastate” the economy. But it was clear early on that he would be unable to stop the national momentum building around a $15 minimum wage.

Democrats control both chambers in Maryland’s General Assembly, and passed the wage hike bill with a veto-proof majority. On Thursday, they overwhelming voted to override Hogan’s veto by 96-43 in the House and 35-12 in the Senate.

Maryland is now the third state to phase in a $15 minimum wage so far this year, and the sixth overall. In February, New Jersey and Illinois did so, too.

While Hogan’s veto was not surprising (he has always opposed a $15 minimum), it’s a striking position in a state where the $15 minimum wage is so popular with voters in Maryland and across the country.

The law will benefit about 573,000 workers in Maryland who currently earn less than $15 -about 22 percent of the state’s workforce, according to the National Employment Law Project.

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